In re the Judicial Settlement of the Account of Meng
Appellate Division of the Supreme Court of the State of New York
Appeal by Elizabeth Bischoff, widow and contestant herein, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 2d day of May, 1917, except from the provision of said decree adjudicating that a certain contract between the executor and his attorneys was unreasonable and unenforcible and except from the provisions which direct payments to herself or her attorneys.
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Appeal by Elizabeth Bischoff, widow and contestant herein, from a decree of the Surrogate’s Court of the county of New York, entered in the office of said Surrogate’s Court on the 2d day of May, 1917, except from the provision of said decree adjudicating that a certain contract between the executor and his attorneys was unreasonable and unenforcible and except from the provisions which direct payments to herself or her attorneys. Appeal by the petitioner, James S. Meng, individually and as executor, from so much of said decree as adjudicates that the reasonable value of services of the…
1Opinion of the Court
Page, J.:
I concur in Mr. Justice Shearn’s opinion in so far as it relates to the share of the beneficiaries in the recovery, but I dissent from his conclusion as to the attorney’s fees. It has been the well-settled law of this State that executors, administrators or trustees cannot by their executory contracts, although made in the interest and for the benefit of the estate they represent, if made upon a new and independent consideration, bind the estate and thus create a liability not founded upon the contract or obligation of the testator. (Myer v. Cole, 12 Johns. 349; Demott v. Field, 7…
2Cases cited34 opinions
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1897
- Austin v. . MunroNew York Court of Appeals · 1872
- Ferrin v. . MyrickNew York Court of Appeals · 1869
- Woollcott v. . ShubertNew York Court of Appeals · 1916
- Self-Insurer's Ass'n v. State Industrial CommissionNew York Court of Appeals · 1918
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3Cited by3 opinions
- In Re the Accounting of MengNew York Court of Appeals · 1919
- In re the Judicial Settlement of the Account of SchummersAppellate Division of the Supreme Court of the State of New York · 1924
- Claim of Skarpeletzos v. Counes & Raptis Corp.New York Court of Appeals · 1920